What if my new employer does not apply for i140?

[Mrigendra Singh]

Hi,
I have i140 applied and priority date of 8th jan, i got laid off in august, but i think my employer won't/can't revoke my i140. But as i applied in eb3 and i have indian citizenship, there is long way before my priority date becomes current, so i dont have to think about filing i485 any time soon.
My question is, my new employer is only ready to transfer my h1 but not file i140. Does that effect my GC application in any way or can i at least start working on H1 till I find a company which can also apply for I140? Why is it necessary to restart GC from new company now, if I have a wait for 8-10 years for my priority date to become current?
Thanks in advance!

Regards!!

[scientist2016]

You can work with your H1. The only reason to transfer the I140 would be to be able to get extensions of your H1 beyond the 6 yr. period, until your PD becomes current.

[kavink11]

You can work with your H1. The only reason to transfer the I140 would be to be able to get extensions of your H1 beyond the 6 yr. period, until your PD becomes current.

Which then means, if a person transfers H1 to new employer, they should start from scratch and get all the way to 140 again, merely to get H1 extended? I dont think they give more than 3 years. Seems very inefficient and the purpose of portability itself is defeated.

[scientist2016]

Which then means, if a person transfers H1 to new employer, they should start from scratch and get all the way to 140 again, merely to get H1 extended? I dont think they give more than 3 years. Seems very inefficient and the purpose of portability itself is defeated.

The purpose of portability was the ability to hold your place in the line viz., retain your PD. If you change employers before your PD becomes current, and you want to get extensions beyond the max allotted 6 yrs of H1, you would have to get the new employer to file I140, so that you can port your existing PD.